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intimidating at first. Fortunately, with a little guidance and preparation, dealing with such matters does not have to be so overwhelming.
Administration of a Will
A Will is an instrument by which a person (the “testator”) makes a disposition of his/her property, to be performed or take effect after his or her death. A well-drafted Will may provide for the welfare of the testator’s family, distribute the testator’s assets in accordance with his/her wishes and secure the efficient management of the testator’s property. Handwritten Wills (“holographic Wills”) can be made by a testator without the services of a lawyer, problems can arise if not done properly and/or in accordance with applicable legislation. A properly drafted Will can be a simple, inexpensive way to address many estate-related matters, and can make matters run much smoother upon death.
While there are many benefits to having a Will in place, there are some things that may not be accomplished in a Will. It is important to keep in mind that some items may not flow through your estate, and thus may not be distributed in accordance with your Will. During the estate planning process it is important to speak with a lawyer experienced in such matters and knowledgeable of your unique situation.
A well designed estate plan can help minimize probate (and other) taxes, and can alert you to any personal statutory claims that may impact your ability to deal with your assets as intended.
A lawyer can discuss any potential claims that a dependent may have under Law, and with respect to any potential claims or entitlements. An awareness of such responsibilities and rights can help prevent unintended consequences or surprises upon death.
In addition to certain statutory claims, there are other legal limitations that must be considered when drafting a Will.
Documents such as a marriage or cohabitation agreement, a separation agreement, or a shareholders agreement (with buy/sell provisions, or option agreements) may also affect your Will plan, and thus it is important that such information be shared with your representative(s) when designing an estate plan.
In addition to determining how your estate will be distributed, a lawyer can speak to you about choosing an Estate Trustee, and the considerations involved in selecting an appropriate person (or trust company) to administer your estate. The potential responsibility and work involved in being an Estate Trustee can be significant, and thus appointing someone with the financial acumen and willingness to take on this responsibility is a must. Often times, people assume they must appoint a relative or child to act as an Estate Trustee because it would be “an honor”. While it may be considered “an honor” for some, the primary considerations should be choosing someone with the patience, ability and willingness to carry out this responsibility.
Powers of Attorney
A power of attorney is an instrument by which a person authorizes another person (the “Attorney”) to act on his or her behalf. It is quite common for people to execute a power of attorney for personal care and a power of attorney for property, at the same time of drafting a Will.
In a power of attorney for property, the authority granted to an Attorney may be general in nature and thus may authorize the Attorney to act on the grantor’s behalf in conducting his or her financial affairs. Alternatively, the power of attorney may
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